Dear Experts,
I am pregnant and have been working in a private organization for the last year. My due date is in September. Last month, my boss/HR moved me to a variable pay structure, stating in an email that it is only for this quarter. I will receive only 50% of my salary until June, and the remaining 50% will be provided based on company performance and my performance.
Later, they forced me to resign as there is no position available for me. A week later, they informed me that I would not receive the remaining 50% of my salary for the next three months. For the following quarter, Q3, starting from June till September, they will only provide me with 25% of my salary. This decision is due to my role or team becoming redundant, and the company is facing financial challenges during the COVID-19 situation, leading to layoffs.
My concerns are:
1. How should I proceed in response to this situation?
2. How can I claim the remaining 50% of my salary?
3. Are there any regulations in place if they insist I continue with a 25% salary?
Please advise me on the options available to access maternity leave and benefits with full salary payment.
Thank you.
From India, Mumbai
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I am pregnant and have been working in a private organization for the last year. My due date is in September. Last month, my boss/HR moved me to a variable pay structure, stating in an email that it is only for this quarter. I will receive only 50% of my salary until June, and the remaining 50% will be provided based on company performance and my performance.
Later, they forced me to resign as there is no position available for me. A week later, they informed me that I would not receive the remaining 50% of my salary for the next three months. For the following quarter, Q3, starting from June till September, they will only provide me with 25% of my salary. This decision is due to my role or team becoming redundant, and the company is facing financial challenges during the COVID-19 situation, leading to layoffs.
My concerns are:
1. How should I proceed in response to this situation?
2. How can I claim the remaining 50% of my salary?
3. Are there any regulations in place if they insist I continue with a 25% salary?
Please advise me on the options available to access maternity leave and benefits with full salary payment.
Thank you.
From India, Mumbai
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Have you officially informed the company about your pregnancy? The actions of the company are in violation of Sec. 5 and 12 of the Maternity Benefits Act. Kindly put your points in writing to the company and ask for a solution in view of the legal position and protection offered by law. If nothing comes out of your letter, consider going to the Labor officer of the area with problems. Covid is a big issue, but an employee cannot be dismissed, pay cut, etc., so easily.
From India, Pune
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3180From India, Pune
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If the poster's description is factually correct, her forced/coerced resignation during her pregnancy amounts to "constructive dismissal." Therefore, in addition to the suggestions of Mr. Nathrao, it is advisable that she send a thirty-day notice to the employer of her intention to make a complaint to the District/State/National Authority under the Disaster Management Act, 2005 also.
From India, Salem
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From India, Salem
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Thank you all for your valuable response. I have decided to contact the Labour Officer in the near future. I have already sent an email to HR regarding my pregnancy details, including a letter from my doctor confirming my pregnancy. The company's HR is repeatedly calling and stating that they don't have work to give me, and I am no longer contributing to productivity. Also, she forced me to agree to 25% of my salary until November, which I denied. I asked her to provide me with these details in an email (discussion we had over the call regarding my salary), but they didn't give anything in writing. As of now, I have dropped an email to the company asking for my pending salary for the last month. Kindly advise if any action is needed on my side. Thanks in advance!
From India, Mumbai
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From India, Mumbai
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Dear Madam,
From the face of it, the company's management is knowingly attempting to deprive you of your legal right under the MB Act/Rules for full salary and protection from termination during pregnancy. This also includes blatant violations of the Disaster Management Act.
As advised by learned colleagues, keep sending appeals/notices to the top authority demanding full salary and refraining from terminating your service during your pregnancy, as well as the lockdown period, by keeping the government authorities in the loop (Labour Commissioner and District Authority).
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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From the face of it, the company's management is knowingly attempting to deprive you of your legal right under the MB Act/Rules for full salary and protection from termination during pregnancy. This also includes blatant violations of the Disaster Management Act.
As advised by learned colleagues, keep sending appeals/notices to the top authority demanding full salary and refraining from terminating your service during your pregnancy, as well as the lockdown period, by keeping the government authorities in the loop (Labour Commissioner and District Authority).
Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant
From India, Mumbai
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Maternity Benefit Act - Act Provisions reg.benefits.do cx
Maternity Benefits Act 1961.pdf